Erstwhile senator representing Kogi West, Smart Adeyemi, has vowed to approach the Court of Appeal to void the governorship primary election recently conducted by the All Progressives Congress (APC) in Kogi State.
Adeyemi said he was dissatisfied with the judgment given yesterday by a Federal High Court in Abuja, in which the court upheld the primary election that produced Ahmed Usman Ododo as the APC candidate in the Kogi State governorship election scheduled for November 11.
He insisted that the trial court failed to evaluate the proof of evidence that was placed before it by the parties, insisting that there were inconsistencies in the report that was tendered by the INEC and affidavit that was deposed by the APC.
Adeyemi alleged that, whereas INEC claimed that option A4 mode was adopted for the primary election it monitored, the APC, told the court that the election was through secret ballot.
In the judgment, Justice James Omotosho held, among others, that Adeyemi did not prove his allegation that Ododo was not lawfully nominated by the APC.
Justice Omotosho held that the plaintiff (Adeyemi) did not supply credible evidence to establish his allegation.
The judge noted that contrary to the plaintiff's claim, there was evidence that the primary election was validly held and monitored by the Independent National Electoral Commission (INEC).
Justice Omotosho equally noted that allegations made by the plaintiff were criminal in nature and ought to be proved beyond every reasonable doubt.
He held that the plaintiff failed to discharge the burden of proof that was placed on him by the law.
The judge said: "There is enough proof before this court to show that indeed a direct primary election of the APC held in Kogi State on April 14."
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